I am working in company X under a 3-year commitment. They collected a few of my original certificates for security. However, due to my situation, I need to be relieved in one year without serving a notice period. I am ready to pay out, but the employer is not willing to accept it. Additionally, the HR department threatened me, stating they would create a fake complaint against me for software theft if I left. (I have proof of this; I recorded it on my phone.) Due to this, I sent an email stating that the company is not a safe place to work and left it.
Now, I have left that employer and will be joining a new company soon. I suspect that the employer may create some legal problems for me. What should I do now to tackle it? How can I get back my certificates?
Agreement Details
1) You agree that you cannot terminate your employment with X within 3 years from your date of joining. In unforeseen circumstances—which are deemed as such by the company—if you happen to resign from your job, you need to give at least three months' notice in writing and agree to pay replacement costs and training costs to the company.
2) After completing three years, if you happen to resign from your job, you need to give 3 months' notice in writing.
3) Irrespective of your years of experience with X, if you are working under a CUSTOMER PROJECT, you cannot, for whatever reason, terminate your employment without completing your active task schedule and without properly transitioning your work.
Also, in the agreement, they mentioned that I will be on probation for 6 months. However, I was not given any confirmation letter. Additionally, they didn't conduct any appraisal process after completing one year, as mentioned in the agreement.
Strong Points on My Side
- Proof of HR threatening me
- No confirmation letter
- No appraisal process
Regards
From India, Vellore
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Now, I have left that employer and will be joining a new company soon. I suspect that the employer may create some legal problems for me. What should I do now to tackle it? How can I get back my certificates?
Agreement Details
1) You agree that you cannot terminate your employment with X within 3 years from your date of joining. In unforeseen circumstances—which are deemed as such by the company—if you happen to resign from your job, you need to give at least three months' notice in writing and agree to pay replacement costs and training costs to the company.
2) After completing three years, if you happen to resign from your job, you need to give 3 months' notice in writing.
3) Irrespective of your years of experience with X, if you are working under a CUSTOMER PROJECT, you cannot, for whatever reason, terminate your employment without completing your active task schedule and without properly transitioning your work.
Also, in the agreement, they mentioned that I will be on probation for 6 months. However, I was not given any confirmation letter. Additionally, they didn't conduct any appraisal process after completing one year, as mentioned in the agreement.
Strong Points on My Side
- Proof of HR threatening me
- No confirmation letter
- No appraisal process
Regards
From India, Vellore
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Please speak to a lawyer at your earliest convenience with the proof you have. You need to draft a letter that will legally address the threats you are facing. Mention the certificates and credentials that they are holding back. Please discuss with your lawyer the consequences. If someone is holding your certificates and refusing to return them or returns them damaged, you can lodge a complaint at the police station.
Focus on Legal Action
Confirmation letter or the appraisal isn't your challenge, but the documents and release are. Stay focused and act lawfully, following your lawyer's guidance.
Wishing you all the best!
From India, Mumbai
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1872Focus on Legal Action
Confirmation letter or the appraisal isn't your challenge, but the documents and release are. Stay focused and act lawfully, following your lawyer's guidance.
Wishing you all the best!
From India, Mumbai
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Suggestion is right and is under legal consideration too. You need to follow her advice for better and safe receiving your documents. You can consult an expert legal practitioner and ask them to send a legal notice regarding the matter of concern.
Future Precautions
For the future, think twice before signing any documents (Bond) like this and submitting your original certificates.
Thanks,
Vikas
From India, Bangalore
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Future Precautions
For the future, think twice before signing any documents (Bond) like this and submitting your original certificates.
Thanks,
Vikas
From India, Bangalore
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Do you have any proof that the employer has your documents with him? If not, create the same by email communication. Send them an email and ask for certificates. If they deny by written mail to return the certificates, then it will be proof that they are holding your certificates and not giving them back.
Always create proof for every communication. Communicate preferably by email or registered post.
Approach a lawyer as suggested by Nambomita Ji to get legal advice.
From India, Mumbai
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Always create proof for every communication. Communicate preferably by email or registered post.
Approach a lawyer as suggested by Nambomita Ji to get legal advice.
From India, Mumbai
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Yes, Suhas, I have a receipt of the certificates received from them, signed by the management. No problem in that. To others: Right now, I am in a different city and can't consult any lawyers. Also, as I don't need any certificates for about a year, I am thinking of leaving it with them for some months and getting it back later (I can't go back to my native often for this case). Still, they didn't mail me anything like 'You can pay this much and get back your certificates,' which they usually do. After receiving such mail, I will proceed with further action.
Thanks all for your suggestions. Further comments are still welcome. I would like to know more about this case.
From India, Vellore
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Thanks all for your suggestions. Further comments are still welcome. I would like to know more about this case.
From India, Vellore
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You should understand certain things:
The agreement stipulates three service periods, and after the completion, you need to give three months' notice. However, you have left the company within a year's time. It is clear that you signed the agreement accepting the company's terms and conditions in the first place; otherwise, you wouldn't have gotten this job.
You have given your original certificates to your employer to secure the job. Initially, you should have refused to part with your originals, and only photo (xerox) copies of educational certificates should have been given, which is legally acceptable for both parties.
Now that you have given your original certificates to the said employer, you need to communicate with the company's management through a mediator, preferably an advocate. This is called third-party negotiation between you and your employer. Reaching an amicable settlement and finishing the deal will be the best way to handle things from the right perspective.
However, you can lodge a police complaint and have an FIR filed against the HR for threatening you. He will then be placed before the magistrate. Since you have proof, the chances of winning the case are high.
Try to analyze things logically before coming to any conclusions.
From India, Bangalore
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The agreement stipulates three service periods, and after the completion, you need to give three months' notice. However, you have left the company within a year's time. It is clear that you signed the agreement accepting the company's terms and conditions in the first place; otherwise, you wouldn't have gotten this job.
You have given your original certificates to your employer to secure the job. Initially, you should have refused to part with your originals, and only photo (xerox) copies of educational certificates should have been given, which is legally acceptable for both parties.
Now that you have given your original certificates to the said employer, you need to communicate with the company's management through a mediator, preferably an advocate. This is called third-party negotiation between you and your employer. Reaching an amicable settlement and finishing the deal will be the best way to handle things from the right perspective.
However, you can lodge a police complaint and have an FIR filed against the HR for threatening you. He will then be placed before the magistrate. Since you have proof, the chances of winning the case are high.
Try to analyze things logically before coming to any conclusions.
From India, Bangalore
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I hope the suggestion given is correct if the employee left the company in the proper way. But I really wonder how people are suggesting to a person who has broken the rules and regulations of the company. I have some questions for Sundu:
1. Do you know about this bond before joining the company?
2. Did you complete your 3-year commitment?
3. Did you serve your 3-month notice period with a 3-month replacement as mentioned in the agreement?
4. Do you have a valid reason for your relieving?
5. Do you have a valid reason to go for legal action?
If your answer is "YES" to all these questions, then you can proceed with legal formalities. But if your answer is "NO," then please don't expect justice for your mistakes. If a person who is working under you breaks all these rules and records your talk to use it against you as proof, will you accept this? Where is the trust then?
Sorry to say, but your post itself is very clear that you have not followed the company rules and have collected all evidence before leaving the company. If I am wrong, please proceed with legal action.
From India, Chennai
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1. Do you know about this bond before joining the company?
2. Did you complete your 3-year commitment?
3. Did you serve your 3-month notice period with a 3-month replacement as mentioned in the agreement?
4. Do you have a valid reason for your relieving?
5. Do you have a valid reason to go for legal action?
If your answer is "YES" to all these questions, then you can proceed with legal formalities. But if your answer is "NO," then please don't expect justice for your mistakes. If a person who is working under you breaks all these rules and records your talk to use it against you as proof, will you accept this? Where is the trust then?
Sorry to say, but your post itself is very clear that you have not followed the company rules and have collected all evidence before leaving the company. If I am wrong, please proceed with legal action.
From India, Chennai
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Friends Mr. Sundu is in a desperate state. The possible remedy is through Legal path as suggested by NOBOMITA 1979. Mr.Sundu, please consult a local lawyer immediately and sort out your problems.
From India, Bangalore
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From India, Bangalore
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I am in a democratic country, and I have the right to work or not work. Of course, I gave a commitment to them. But due to some personal reasons, I have to move to another city. I was also ready to serve notice. If they were professional, they should explain their loss and ask me to pay it. However, those people threatened me and did not give me a chance to serve my notice. For about a week, I had the mindset that I should not work in an IT company. I had a lot of discussions with them, but they didn't offer me any alternatives. The mistake is on their part. If threatening an employee with software theft is 'OK,' then it is okay for me to record it for my safety.
From India, Vellore
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From India, Vellore
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